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PEOPLE v. SMYTHE

No. 1-03-1888.

817 N.E.2d 1100 (2004)

352 Ill. App.3d 1056

288 Ill.Dec. 450

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Anthony SMYTHE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

September 30, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Adolfo Mondragon, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, Renee Goldfarb, Matthew Connors, Daniel Piwowarczyk (student law clerk), Office of the Cook County State's Attorney, Chicago, for Appellee.

Justice THEIS delivered the opinion of the court:

Following a jury trial, defendant Anthony Smythe was convicted of aggravated unlawful use of a weapon (UUW) and sentenced to one-year probation.1 On appeal, he contends (1) he was not proven guilty beyond a reasonable doubt where the statute requires proof that the weapon was "uncased" (720 ILCS 5/24-1.6(a)(1)/(3)(A) (West 2002)), and the evidence submitted demonstrated that the handgun...

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